West Virginia Code 9A-1-10 – Powers and duties of secretary
The secretary is the executive and administrative head of the department and has the power and duty, subject to the provisions of section four of this article, to:
Terms Used In West Virginia Code 9A-1-10
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- secretary: means the Secretary of Veterans'. See West Virginia Code 9A-1-1a
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(a) Supervise and put into effect the purposes and provisions of this article and the rules for the government of the department;
(b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, widowers, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, widowers, dependents and orphans;
(d) Sign and execute, in the name of the state by West Virginia Department of Veterans' Assistance, any contract or agreement with the federal government or its agencies, other states, subdivisions of this state, corporations, associations, partnerships or individuals;
(e) Supervise the fiscal affairs and responsibilities of the department;
(f) Organize the department to comply with the requirements of this article and with the standards required by any federal act or any federal agency;
(g) Establish any regional or area offices throughout the state that are necessary to promote efficiency and economy in administration;
(h) Make reports that comply with the requirements of any federal act or federal agency and the provisions of this article;
(i) Cooperate with the federal and state governments for the more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings; record and file all contracts and agreements and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the department;
(k) Prepare for the Veterans' Council the annual reports to the Governor of the condition, operation and functioning of the department;
(l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of veterans, their widows, widowers, dependents and orphans; to provide resources for a program which will promote a greater outreach to veterans and which will advise them of the benefits and services that are available; and to promote the efficiency of the department;
(m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;
(n) Appoint the officers and heads of divisions of the department, and of regional or area offices, and employ assistants and employees, including case managers and counselors, that are necessary for the efficient operation of the department;
(o) Provide resources and assistance in the development of an Internet website which is to be used to inform veterans of programs and services available to them through the department and the state and federal governments;
(p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the secretary, except the power to sign and execute contracts and agreements: Provided, That the secretary shall be responsible for the acts of his or her appointees, assistants and employees; and
(q) Award grants, in his or her discretion, subject to available appropriations, to provide for the transportation of veterans to veterans' hospitals from the veteran's home or local Veterans' Assistance offices.
(r) Enter into an agreement with the Commissioner of the Department of Agriculture to transfer without consideration all or part of the approximately seventeen acres of the Department of Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing facility.